8485-94 Amending Section 5-1 & Section 5-49 of Chapter 5 Animals and Fowl

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• • Bill No. Ordinance No. R4/8s---9 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 5-1 AND SECTION 5-49 OF CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL". STATEMENT OF PURPOSE AND INTENT. This ordinance clarifies the definition of"dangerous animal" and the procedure addressing the issuance of"warning notices" which were last addressed in Ordinance No. 8467-94. It is believed that the following ordinance sets forth needed clarification which is in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 1, Section 5-1 of the South Bend Municipal Code is amended in part to read as follows: Sec. 5-1. Definitions. (s) Dangerous animal means any animal which: 1. has, off of its owner's property, attacked another animal or livestock; or 2. has attacked or which has attempted to attack, unprovoked, any human being, whether on or off the owner's property; 3. has bitten any human being with said injury requiring stitches and the loss of blood; or 4. has bitten or attacked a person, causing wound or injuries creating a potential danger to the health or life of the victim; or 5. has a history documented with a public agency of biting or attacking humans or domestic animals; or 6. has a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten or endanger the safety of humans or domestic animals: or 7. is an American Pit Bull Terrier. However, no animal shall be considered a dangerous animal if injury or damage is inflicted by that animal upon a person or another animal if such person or other animal, at the time such injury or damage was sustained, was committing a willful trespass upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or